Victor Ariyaratnam Chinniah and Puwaneswari Chinniah vs Manage Jinasena – CA NO. 996/98-2014

In the case between Manage Jinasena (Plaintiff-Respondent) and Victor Ariyaratnam Chinniah and Puwaneswari Chinniah (Defendant-Appellants), the court addressed whether proper identification of the subject land was established within the pleadings and evidence, and if judgment could be given in favor of the plaintiff without this identification. It was held that identification of the land in an action seeking recovery of property must be clearly established by evidence, with the relevant plan produced at trial. The rule was reaffirmed that the identity of the land must be proved before entering judgment, not deferred to execution. Reliance was placed on established case law including Lathief and another vs. Mansoor and another, Sirisena v. Piyadasa, and Ananda Kodagoda v. Moraj Udesshi, emp

REF: CA NO. 996/98-2014 Category: Tag:
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